[HISTORY: Adopted by the Mayor and Council
of the Borough of Glassboro 3-28-2000 by Ord. No. 00-4. Amendments
noted where applicable.]
GENERAL REFERENCES
Habitually barking dogs — See Ch. 156.
Explosives, fireworks and weapons — See Ch. 245.
Fire and smoke detectors — See
Ch. 260.
Parks and recreation areas — See Ch. 351.
Peace and good order — See Ch. 354.
Peddlers, solicitors and transient merchants — See Ch. 357.
Health rules and regulations — See Ch. 490.
This chapter may be cited as the "Noise Control
Ordinance of the Borough of Glassboro."
[Amended 5-28-2002 by Ord. No. 02-10]
As used in this chapter, the following terms
shall have the meanings indicated:
Any commercial, industrial and/or nonresidential activity.
Includes any individual, corporation, firm, association,
club or partnership.
Any sound that can be detected by a person using his or her
unaided hearing faculties. The detection of the rhythmic bass component
of music is sufficient to constitute a plainly audible sound.
[Amended 5-22-2001 by Ord. No. 01-27; 5-28-2002 by Ord. No. 02-10]
A.
Personal or commercial music amplification or reproduction
equipment or other machine or device for the production or reproduction
of sound shall not be operated in such a manner that it is plainly
audible at a distance of 50 feet in any direction from the operator
between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of
10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly
audible at a distance of 25 feet in any direction from the operator.
B.
Self-contained, portable, handheld music or sound-amplification
or -reproduction equipment shall not be operated on a public space
or public right-of-way in such a manner as to be plainly audible at
a distance of 50 feet in any direction from the operator between the
hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m.
and 8:00 a.m., sound from such equipment shall not be plainly audible
by any person other than the operator.
No person shall create any unreasonably loud
disturbance or unnecessary noise of such character, intensity or duration
as to disturb the peace, quiet and comfort of the neighboring residents,
or to the annoyance or inconvenience of travelers on the streets or
persons in neighboring premises. The creation of any unreasonably
loud, disturbing and unnecessary noise in the Borough is hereby prohibited.
There is further prohibited any noise of such character, intensity
or duration as is detrimental to the life or health of any individual.
Nothing herein contained shall be construed
to prohibit playing by a band in any authorized parade or orchestra
in a hall or building for the purpose of dancing or entertainment
or religious service or community sponsored or operated.
A.
No person shall, for advertising purposes or for the
purpose of attracting the attention of the passing public, play, use,
operate or permit to be played, used or operated any radio, receiving
set, musical instrument, jukebox, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
on the streets or public places of the Borough of Glassboro or in
any place where the sound therefrom is cast directly upon the streets
or public places or which is so placed and operated that the sound
therefrom can be heard to the annoyance or inconvenience of travelers
upon any street or public place or persons in the immediate neighboring
premises.
B.
No person shall use or operate any sound truck or
any loudspeaker or sound amplifier or radio or phonograph with a loudspeaker
or sound amplifier on any vehicle upon the streets or public places
of the Borough of Glassboro unless a permit has been obtained as otherwise
provided by Borough ordinance.
No person shall sound any horn or warning device
on any automobile, motorcycle, bus or other vehicle except when required
by law or when necessary to give timely warning of the approach of
a vehicle or as a warning of impending danger to persons driving other
vehicles or to persons upon the street. No person shall sound any
horn or warning device on any automobile, motorcycle, bus or other
vehicle which shall emit an unreasonably loud or harsh sound or for
an unnecessary or unreasonable period of time.
[Amended 6-24-2008 by Ord. No. 08-45; 1-27-2009 by Ord. No.
09-01]
No individual, person, corporation, business
entity, partnership or sole proprietor shall, on any day of the week
or weekends between the hours of 6:00 p.m. and 7:00 a.m., perform
any excavation, demolition, construction, alteration, repair or any
other type of building operation which is within 1,000 feet of any
dwelling or business property, nor operate or use any steam shovels,
tractors, excavators, pneumatic hammers, pile drivers, derricks, steam
or electric hoists or any tools or equipment which shall make any
loud or disturbing noise, except in cases of urgent necessity in the
interests of public safety, and then only upon obtaining a permit
from the Building Inspector.
No hawker, peddler or vendor shall sound or
cry out his wares upon any street or public place between the hours
of 7:00 p.m. and 7:00 a.m.
No business shall create or permit in connection
with the conduct of its business any loud or excessive noise in connection
with the loading or unloading of any vehicle or other opening or destruction
of any boxes, crates or other containers between the hours of 10:00
p.m. and 6:00 a.m.
No person shall use any drum, loudspeaker or
other instrument or device or create any noise for the purpose of
attracting attention to any performance, show or sale or display of
merchandise, wares and other goods for sale.
No person shall create any loud or excessive
noise on any street adjacent to any school, institutions of learning
or to any hospital which shall unreasonably interfere with the workings
of such institutions, provided that conspicuous signs are displayed
in such streets indicating that the same is a school or hospital street.
[Added 7-24-2012 by Ord. No. 12-41]
A.
ENGINE COMPRESSION BRAKE
NOISE-BAFFLING DEVICE
PUBLIC SAFETY VEHICLE
Definitions.
The following definitions shall apply to this section:
Any device that utilizes air compression and/or rapid release
of compressed air in the cylinders of engines to slow or retard vehicle
speed. Examples include, but are not limited to, Jacobs® engine brake, also known as "jake brake" engine
retarder; Pacbrake® engine brake; TecBrake
engine brake; D-Celerator® diesel exhaust
brake; and similar devices that meet the definition.
A properly functioning muffler or engine exhaust silencer
that eliminates the offensive and disturbing noise caused by use of
engine compression brakes. The muffler or engine exhaust silencer
must reduce the noise to levels meeting vehicle noise emission standards
set or authorized by the Noise Control Act (42 U.S.C. § 4901
et seq.) and the United States Environmental Protection Agency, and
must also comply with all other federal, state or local laws and regulations
relating to vehicle noise levels.
Any vehicle operated by the Borough of Glassboro Fire Department
or the Borough of Glassboro Police Department or any other emergency
vehicle operated by a state, county and/or local agency.
B.
Use
of engine compression brake prohibited. It shall be unlawful for the
operator of a motor vehicle to engage, or allow to be engaged, operate
or use an engine compression brake, or any similar mechanical exhaust
device designed to aid in the deceleration of any vehicle which results
in the emission of excessive and loud noise from the vehicle, while
the vehicle is operated on any public roadway within the municipal
limits of the Borough of Glassboro, County of Gloucester, State of
New Jersey.
C.
Exclusions.
This new section shall not apply to operators of any of the following:
Any provision of this chapter may be enforced
by the local Construction Official, Health Inspector, Police Department
or any citizen.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any provision of this
chapter shall be subject to a fine of not more than $2,000, imprisonment
for not more than 90 days or community service for not more than 90
days, or any combination thereof, for each offense . Each day of violation
of any provision of this chapter shall constitute a separate offense.
A.
The operation or maintenance of any noise source in
violation of any provision of this chapter shall be deemed and is
declared to be a public nuisance and may be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction or in any other manner available for the abatement of
public nuisances.
B.
Other remedies. No provision of this chapter shall
be construed to impair any common law or statutory cause of action,
or legal remedy therefrom, of any person for injury or damage arising
from any violation of this chapter or from other law.
